Did you know that a pregnant employee who has complications may be equivalent to an employee with a disability? Recent cases hold that pregnant employees with complications may be entitled to reasonable accommodations. The complications do not need to be severe. They may include such things as temporary Post-traumatic Stress Disorder (PTSD), incompetent cervix, or high blood pressure. A physician’s restriction may be sufficient to put you on notice.

With increasing frequency employees are claiming disabilities based on work-related stress. Some employees are asking for accommodations such as transfers to new supervisors, working from home, additional leave, and alternative jobs. These requests may require an employer to make a determination of whether the employee has a disability and potential accommodations for the alleged disability.

On January 20, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) settled a transgender discrimination and harassment lawsuit against a national employer through a voluntary consent decree. The EEOC brought the action on behalf of Britney Austin alleging that Deluxe Financial Services, Inc. had subjected Ms. Austin to a hostile work environment and disparate treatment because of her sex. Specifically, the lawsuit claimed that Ms. Austin is a transgender woman who transitioned from male to female during her employment with Deluxe and was subjected to sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964 (Title VII), as well as retaliation under the Americans with Disabilities Act (ADA).

The Family and Medical Leave Act (FMLA) is the primary statute affording pregnant employees the right to leave. The FMLA provides for up to 12 workweeks of unpaid job-protected leave to qualifying employees for pregnancy. Many employers may not be aware that in addition to rights under the FMLA, pregnant employees may also have rights under the Americans with Disabilities Act (ADA).

The ADA provides for pregnancy-related leave in limited circumstances. Specifically, a pregnant employee experiencing complications that limit a major life activity may be considered disabled under the ADA and entitled to its protections, including reasonable accommodations.